Due to the death of Senator Marshall B. Williams who represented District Forty and pursuant to the provisions of an order of the three-judge district court in the case of Statewide Reapportionment Advisory Committee v. Campbell filed August 24, 1994, Senate District Forty is submitted for preclearance under Section 5 of the Voting Rights Act because a special election must be held to fill the vacancy.

Pursuant to 28 C.F.R. Section 51.27, the following information is submitted:

(a) A copy of the court order embodying the change affecting voting. See Exhibit 1 (court order filed August 24, 1994) and Exhibit 2 (Letters from Lieutenant Governor Bob Peeler to Mr. James F. Hendrix, Executive Director of the State Election Commission; Mr. Earle Whalen, Director of Voter Registration and Elections, Orangeburg County; and Ms. Virginia Mills, Director of Voter Registration and Elections, Barnwell County; and Writ of Election calling for special election to fill Senate District Forty).

(b) A copy of the court order embodying the voting practice that is proposed to be changed. See Exhibit 3 (court order filed May 1, 1992, establishing court-drawn plan).

(c) If the change affecting voting is either not readily apparent on the face of the documents provided above, or is not embodied in a document, a clear statement of the change explaining the difference between the submitted change and the prior law or practice, or explanatory materials adequate to disclose to the Attorney General the difference between the prior law and the proposed situation with respect to voting. Senate District Forty is part of a plan drawn by the three-judge panel (see Exhibit 3) which was vacated by the Supreme Court, 113 S.Ct. 2954 (1993). The elections under the court-drawn plan were not invalidated by the Supreme Court order, and the senators currently serving represent those districts. When a vacancy occurred in Senate District One, the three-judge panel held in its order of August 24, 1994, (see Exhibit 1) that the use of the 1992 districts for a special election required preclearance. Preclearance has been sought and granted for Senate Districts One, Seven, and Six.This submission is made in compliance with the August 24, 1994 court order.

(d) The name, title, address, and telephone number of the person making the submission.

(e) The name of the submitting authority and the name of the jurisdiction responsible for the change, if different. On behalf of the Honorable John W. Drummond, President Pro Tempore of the Senate and as Chairman of the Senate Subcommittee on Reapportionment and Redistricting, I make this submission on the Senate's behalf in compliance with the three-judge court order filed August 24, 1994. See Exhibit 1.

(f) If the submission is not from a state or county, the name of the state and county in which the submitting authority is located. The State of South Carolina.

(g) Identification of the person or body responsible for making the change and the mode of decision. See Exhibit 1.

(h) A statement identifying the statutory or other authority under which the jurisdiction undertakes the change and a description of the procedures the jurisdiction was required to follow in deciding to undertake the change. On the three previous occasions when vacancies have occurred in the existing Senate Districts, preclearance has been sought for those districts pursuant to the court's order of August 24, 1994. See Exhibit 1 and explanation in item (c) above. This submission also is made in compliance with that order.

(i) The date of adoption of the change affecting voting. See Exhibit 1.

(j) The date on which the change is to take effect. The Writ of Election ordered the Orangeburg County Election Commission, the Barnwell County Election Commission, and the State Election Commission to hold a special election to fill the vacancy in Senate District Forty with a schedule set as provided by S.C. Code Ann. Section 7-13-190 (Supp. 1995). See Exhibit 2. In his letter to Mr. James F. Hendrix, Lieutenant Governor Bob Peeler specified that the following schedule would be used for the special election:

Filing opens 12:00 noon, Friday, January 12, 1996

Filing closes 12:00 noon, Monday, January 22, 1996

Primary Election Date Tuesday, March 12, 1996

Primary Run-Off Election Date Tuesday, March 26, 1996

Special Election Date Tuesday, April 30, 1996

(k) A statement that the change has not yet been enforced or administered, or an explanation of why such statement cannot be made. I have advised Mr. James F. Hendrix, the Executive Director of the State Election Commission, that under the provisions of the August 24, 1994 court order the election should not take place until Senate District Forty receives preclearance by the Department of Justice. See Exhibit 4 (copy of letter to Mr. Hendrix).

(l) Where the change will affect less than the entire jurisdiction, an explanation of the scope of the change. Senate District Forty.

(m) A statement of the reasons for the change. See Exhibit 1.

(n) A statement of the anticipated effect of the change on members of racial or language minority groups. None.

(o) A statement identifying any past or pending litigation concerning the change or related voting practices. Currently, the South Carolina Senate is subject to a three-judge panel's jurisdiction in Smith v. Beasley, litigation with which the Department of Justice should be familiar and which is similar to that in the Shaw v. Reno, Hays v. Louisiana, and Miller v. Johnson cases. Senate District Forty is not one of the districts being contested in the Smith case.

(p) A statement that the prior practice has been precleared (with the date) or is not subject to preclearance and a statement that the procedure for the adoption of the change has been precleared (with the date) or is not subject to the preclearance requirement, or an explanation of why such statements cannot be made. The prior practice is the election under the court-drawn plan of 1992 which is not subject to preclearance procedures.

(r) Other information that the Attorney General determines is required for an evaluation of the purpose or effect of the change. Because this item indicates that the items listed in 28 C.F.R. Section 51.28 would most likely be needed for consideration in the submissions of redistrictings and that in the interest of time such information should be furnished with the initial submission, please see the information listed below.

Pursuant to 28 C.F.R. Section 51.28, the following supplemental information is provided in connection with this submission:

(a) Demographic information. See Exhibit 5.

(b) Maps. See Exhibit 6.

(c) Annexations. Not applicable.

(d) Election returns: Where a change may affect the electoral influence of a racial or minority language group, returns of primary and general elections conducted by or in the jurisdiction may be included in the submission:

(1) Name of each candidate.

(2) Race or language group of each candidate, if known.

(3) Position sought by each candidate.

(4) Number of votes received by each candidate, by voting precinct.

(5) Outcome of each contest.

(6) Number of registered voters, by race and language group, for each voting precinct for which election returns are furnished. Information with respect to elections held during the last ten years will normally be sufficient.

(7) Election related data containing any of the information described above shall conform to the requirements set out for disks and tapes. Election related data that cannot be accurately presented in terms of census blocks may be identified by county and by precinct.

Not applicable.

(e) Language usage. Not applicable.

(f) Publicity and participation: For submissions involving controversial or potentially controversial changes, evidence of public notice, of the opportunity for the public to be heard, of the opportunity for interested parties to participate in the decision to adopt the proposed change, and an account of the extent to which such participation, especially by minority group members, in fact took place. Examples of materials demonstrating public notice or participation include:

(2) Copies of public notices that describe the proposed change and invite public comment or participation in hearings and statements regarding where such public notices appeared (e.g., newspaper, radio, or television, posted in public buildings, sent to identified individuals or groups). Not applicable.

(3) Minutes or accounts of public hearings concerning the proposed change. Not applicable.

(4) Statements, speeches, and other public communications concerning the proposed change. Not applicable.

(5) Copies of comments from the general public. Not applicable.

(6) Excerpts from legislative journals containing discussion of a submitted enactment, or other materials revealing its legislative purpose. Not applicable.

(g) Availability of the submission:

(1) Copies of public notices that announce the submission to the Attorney General, inform the public that a complete duplicate copy of the submission is available for public inspection (e.g., at the county courthouse) and invite comments for the consideration of the Attorney General and statements regarding where such public notices appeared. See Exhibit 7.

(2) Information demonstrating that the submitting authority, where a submission contains magnetic media, made the disks or tapes available to be copied, or, if so requested, made a hard copy of the data contained on the disk or tape available to be copied. See Exhibit 7.

(h) Minority group contacts: For submissions from jurisdictions having a significant minority population, the names, addresses, telephone numbers, and organizational affiliation (if any) of racial or language minority group members residing in the jurisdiction who can be expected to be familiar with the proposed change or who have been active in the political process. See Exhibit 8.

The Senate believes this to be a valid and complete submission, and implores the Justice Department to receive it and review it on that basis and respectfully requests that it be given expedited consideration.

Respectfully submitted,
Donald H. Holland

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

On motion of Senator PEELER, at 11:00 A.M., Senator LEATHERMAN was granted a leave of absence for today.

Message from the House

Columbia, S.C., February 13, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 13, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF UNITED STATES HIGHWAY 123 IN GREENVILLE COUNTY FROM THE GREENVILLE COUNTY LINE CONTINUING TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

Adopted

H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF UNITED STATES HIGHWAY 123 IN GREENVILLE COUNTY FROM THE GREENVILLE COUNTY LINE CONTINUING TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.

The Concurrent Resolution was adopted, ordered returned to the House.

RECALLED, READ THE SECOND TIME

S. 1119 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1995-96 SCHOOL YEAR, THE SCHOOL DISTRICT OF OCONEE COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM SNOW OR ICE OR OTHER EXTREME WEATHER CONDITIONS.

Senator ALEXANDER asked unanimous consent to make a motion to recall the Resolution from the Oconee County Delegation.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.

The Resolution was read the second time and ordered placed on the third reading Calendar.

S. 1119--Ordered to a Third Reading

On motion of Senator ALEXANDER, S. 1119 was ordered to receive a third reading on Thursday, February 15, 1996.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1135 -- Senator Reese: A BILL TO AMEND SECTION 59-67-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENT OF TRANSPORTATION PROVIDED TO CHILDREN ATTENDING THE PUBLIC SCHOOLS, SO AS TO REDUCE FROM ONE AND ONE-HALF MILES TO ONE-HALF MILE THE DISTANCE FROM A CHILD'S RESIDENCE BEYOND WHICH THE STATE ASSUMES THE OBLIGATION OF TRANSPORTING THE CHILD TO SCHOOL.

Read the first time and referred to the Committee on Education.

S. 1136 -- Senators Washington, Reese, Ford, Short, Matthews, Patterson, McGill, Glover, Jackson, Moore and Holland: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PHASE IN OVER THREE FISCAL YEARS AN EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO PROVIDE FOR THE APPLICATION OF THE LOCAL SALES AND USE TAX ON SALES AND CONSUMPTION OF THESE FOOD ITEMS THROUGH JUNE 30, 1999, AFTER WHICH THESE ITEMS ARE WHOLLY EXEMPT FROM THE STATE AND LOCAL SALES AND USE TAX.

Read the first time and referred to the Committee on Finance.

S. 1137 -- Senator Ford: A BILL TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER FIFTY-EIGHT, SO AS TO CREATE A JOINT LEGISLATIVE STUDY COMMITTEE ON CIVIL RIGHTS.

Read the first time and referred to the Committee on Judiciary.

S. 1138 -- Senator Jackson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 SO AS TO ENACT THE CRIMINALLY INSANE DEFENDANT ACT TO PROVIDE PROCEDURAL SAFEGUARDS IN THE PROSECUTION OF THESE DEFENDANTS, AND TO REQUIRE ADEQUATE CARE AND INDIVIDUALIZED TREATMENT FOR THESE DEFENDANTS.

Read the first time and referred to the Committee on Judiciary.

S. 1139 -- Senator Peeler: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT NO ORDER MAY PROHIBIT A CUSTODIAL PARENT FROM MOVING WITHIN OR OUTSIDE OF THE STATE.

Read the first time and referred to the Committee on Judiciary.

S. 1140 -- Senators Moore, Ryberg, Setzler, Lander, Jackson, Matthews and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-16-105 SO AS TO AUTHORIZE A MEMBER OF A JOINT AGENCY TO CONTRACT WITH THE JOINT AGENCY FOR COLLECTION, TRANSFER, AND/OR DISPOSAL OF SOLID WASTE AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS CONTRACT; AND TO AMEND SECTION 6-16-120, RELATING TO GOVERNING BODIES APPROVING JOINT AGENCY PROJECTS FINANCED BY BONDS, SO AS TO REVISE WHICH GOVERNING BODIES MUST APPROVE THE PROJECT.

Read the first time and referred to the Committee on Medical Affairs.

S. 1141 -- Senator Leatherman: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE FINGERPRINT REVIEWS OF NURSING ASSISTANTS IN HEALTH CARE FACILITIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES, AND TO PROVIDE PENALTIES.

Read the first time and referred to the Committee on Medical Affairs.

S. 1142 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO ADD A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO THE DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO PROVIDE THAT ONE DOLLAR OF THIS YEARLY PREMIUM IS DIRECTED TO BE PAID TO THE DEPARTMENT OF PUBLIC SAFETY FOR THE ESTABLISHMENT OF THE "UNINSURED ENFORCEMENT FUND"; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO NOTICE OF HEARING AS A PREREQUISITE TO GRANTING OF RATE INCREASES FOR AUTOMOBILE INSURANCE AND CERTAIN OTHER TYPES OF INSURANCE, SO AS TO PROVIDE THAT THE REQUIREMENT OF THIS SECTION IS ABATED UNTIL JANUARY 1, 1998; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-736 SO AS TO PROVIDE THAT ANY SCHEDULE OF RATES, RATE CLASSIFICATIONS, OR RATING PLANS FOR AUTOMOBILE INSURANCE SHALL PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR INSURED PERSONS WHO ARE FIFTY-FIVE YEARS OF AGE AND OLDER AND WHO QUALIFY UNDER SECTION 38-73-737; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF CHAPTER 77, TITLE 38, ON AUTOMOBILE INSURANCE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT THERE SHALL BE AN ASSIGNED RISK PLAN, KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN"; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE A DEFINITION FOR "CANCELLATION" OR "TO CANCEL" AND FOR "INSTITUTIONAL SOURCE", "INSURER-SUPPORT ORGANIZATION", AND "POLICY OF AUTOMOBILE INSURANCE" OR "POLICY"; TO AMEND SECTION 38-77-110, AS AMENDED, FROM JANUARY 1, 1997, TO SEPTEMBER 30, 1997, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS MUST INSURE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AUTOMOBILE INSURERS OTHER THAN INSURERS DESIGNATED AND APPROVED AS SPECIALIZED INSURERS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE MAY NOT REFUSE TO RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES OR SMALL COMMERCIAL RISKS EXCEPT FOR REASONS SPECIFIED IN SECTION 38-77-123, AND TO PROVIDE THAT, AFTER SEPTEMBER 30, 1997, SECTION 38-77-110 IS REPEALED; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE REQUIREMENT THAT AN INSURANCE APPLICANT OR POLICYHOLDER MUST HAVE A DRIVER'S LICENSE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO CERTAIN CODE SECTIONS AND PROVIDE THAT, AT THE TIME OF APPLICATION, AN INSURER OR AN AGENT SHALL RETAIN FOR THREE YEARS THE DRIVER'S LICENSE NUMBERS FOR ALL APPLICANTS WHO WERE REFUSED COVERAGE AND SHALL FURNISH THIS INFORMATION UPON THE REQUEST OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; TO AMEND SECTION 38-77-120, AS AMENDED, RELATING TO THE REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE NOTICE SHALL PROVIDE FOR THE NOTIFICATION REQUIRED BY SECTION 38-77-390(b), THAT THOSE NOTIFICATION REQUIREMENTS DO NOT APPLY WHEN THE POLICY IS BEING CANCELED OR NOT RENEWED FOR THE REASON SET FORTH IN SECTION 38-77-123(b), AND THAT THE NOTICE SHALL INFORM THE INSURED OF HIS RIGHT TO REQUEST IN WRITING WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE NOTICE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE REVIEW THE ACTION OF THE INSURER; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-121, 38-77-122, 38-77-123, 38-77-124, 38-77-141, 38-77-142, 38-77-143, 38-77-151, 38-77-154, AND 38-77-155 SO AS TO ENACT PROVISIONS PROVIDING, AMONG OTHER THINGS, THAT ANY APPLICATION FOR THE ORIGINAL ISSUANCE OF A POLICY OF AUTOMOBILE INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE DEFINED IN SECTION 38-77-30 THAT REQUIRES THE INSURED TO DISCLOSE INFORMATION AS TO ANY PREVIOUS CANCELLATION OR REFUSAL TO RENEW SHALL ALSO PERMIT THE INSURED TO OFFER OR PROVIDE A FULL EXPLANATION OF THE REASON FOR THE CANCELLATION OR REFUSAL TO RENEW, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE AN AUTOMOBILE INSURANCE POLICY AS DEFINED IN SECTION 38-77-30 SOLELY BECAUSE OF CERTAIN SPECIFIED FACTORS, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE, OR FAIL TO RENEW, A POLICY OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE OF THE AGE OF THE MOTOR VEHICLE TO BE INSURED SO LONG AS THE VEHICLE IS LICENSED, AND THAT MONIES DISTRIBUTED ANNUALLY FROM THE UNINSURED MOTORIST FUND MUST BE DISTRIBUTED IN THE PROPORTION THAT EACH INSURER'S PREMIUM INCOME FOR THE BASIC UNINSURED MOTORISTS LIMITS COVERAGE BEARS TO THE TOTAL PREMIUM INCOME FOR BASIC UNINSURED MOTORISTS LIMITS COVERAGE WRITTEN IN THIS STATE DURING THE PRECEDING YEAR; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO INCREASE THE MINIMUM PROPERTY DAMAGE COVERAGE; TO AMEND SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND THE DEFENSE OF AN ACTION BY AN INSURER, SO AS TO INCREASE THE MINIMUM AMOUNT OF UNINSURED MOTORIST COVERAGE, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT IF AN UNINSURED MOTORIST HAS SELECTED THE "FIVE HUNDRED DOLLAR OPTION"; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT ANY AUTOMOBILE INSURER MAY MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE, AND TO AMEND THE CODE SECTION FOR THE PERIOD FROM JANUARY 1, 1997, TO SEPTEMBER 30, 1997, BY PROVIDING AN EXCEPTION WITH RESPECT TO THE REASONS SPECIFIED IN SECTION 38-77-123; TO AMEND SECTION 38-77-350, AS AMENDED, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION THAT A POLICY OF AUTOMOBILE INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE SOUTH CAROLINA REINSURANCE FACILITY TO REPLACE A POLICY PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICY CONSTITUTES A VALID REPLACEMENT POLICY THAT DOES NOT REQUIRE THE NEW SERVICING CARRIER OR AGENT TO MAKE A NEW OFFER OF COVERAGE OR TO OBTAIN A NEW APPLICATION FROM THE INSURED; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-370, 38-77-380, AND 38-77-390 SO AS TO ENACT PROVISIONS PROVIDING, AMONG OTHER THINGS, THAT, IF AN INDIVIDUAL SUBMITS A WRITTEN REQUEST TO AN INSURER, AGENT, OR INSURANCE-SUPPORT ORGANIZATION FOR ACCESS TO CERTAIN RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL, THE INSURER, AGENT, OR INSURANCE-SUPPORT ORGANIZATION SHALL DO CERTAIN SPECIFIED THINGS WITHIN THIRTY BUSINESS DAYS FROM THE DATE THE REQUEST IS RECEIVED, THAT AN INSURER, AGENT, OR INSURANCE-SUPPORT ORGANIZATION SHALL DO CERTAIN SPECIFIED THINGS WITHIN THIRTY BUSINESS DAYS FROM THE DATE OF RECEIPT OF A WRITTEN REQUEST FROM AN INDIVIDUAL TO CORRECT, AMEND, OR DELETE ANY RECORDED PERSONAL INFORMATION ABOUT THE INDIVIDUAL WITHIN ITS POSSESSION, AND THAT, IN THE EVENT OF AN ADVERSE UNDERWRITING DECISION, THE INSURER OR AGENT RESPONSIBLE FOR THE DECISION SHALL GIVE A WRITTEN NOTICE IN A FORM APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THAT PROVIDES THE APPLICANT, POLICYHOLDER, OR INDIVIDUAL PROPOSED FOR COVERAGE CERTAIN INFORMATION; TO AMEND SECTION 38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO ADD PROVISIONS PROVIDING, AMONG OTHER THINGS, THAT THE PLAN OF OPERATION SHALL COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY WAY OF A SURCHARGE ON PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS ISSUED BY A MEMBER OR THROUGH THE FACILITY; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS AND TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS AFTER JANUARY 1, 1997, AND MUST NOT RENEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS AFTER SEPTEMBER 30, 1997, AND THAT NO POLICIES WITH AN EFFECTIVE DATE AFTER SEPTEMBER 30, 1997, SHALL BE ACCEPTED BY THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-595, RELATING TO CONDITIONS FOR DESIGNATION AS A DESIGNATED PRODUCER OF AN OTHERWISE INELIGIBLE APPLICANT, SO AS TO PROVIDE THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS AFTER JANUARY 1, 1997, AND MUST NOT RENEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE BUSINESS AFTER SEPTEMBER 30, 1997, AND THAT NO POLICIES WITH AN EFFECTIVE DATE AFTER SEPTEMBER 30, 1997, SHALL BE ACCEPTED BY THE REINSURANCE FACILITY; TO AMEND CHAPTER 77, TITLE 38 OF THE 1976 CODE, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 8 SO AS TO ENACT PROVISIONS FOR THE ASSIGNMENT OF RISKS; AND TO REPEAL SECTIONS 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, 38-73-456, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS OR ADDITIONAL SURCHARGES FOR DRIVING VIOLATIONS UNTIL THERE HAS BEEN A CONVICTION, 38-73-457, RELATING TO FILING INFORMATION ON BASE RATES FOR AUTOMOBILE INSURANCE PURPOSES, 38-73-460, RELATING TO THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBERS OF THE REINSURANCE FACILITY ON AUTOMOBILE INSURANCE RATES, 38-73-465, RELATING TO AUTOMOBILE INSURANCE AND UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR UNREASONABLE PROFITS OR RATES, REVIEW OF RATES, AND RATE EXPERIENCE, 38-73-720, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND THE POWER TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, 38-73-730, RELATING TO RISK CLASSIFICATION PLANS FOR AUTOMOBILE INSURANCE PURPOSES, 38-73-731, RELATING TO REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, 38-73-735, RELATING TO PLANS FOR CREDITS AND DISCOUNTS FOR AUTOMOBILE INSUREDS, 38-73-750, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS MUST FILE THEIR PLANS OR SYSTEMS FOR ALLOCATING EXPENSES AND PROFIT AS RESPECTS THE VARIOUS KINDS OR TYPES OF AUTOMOBILE INSURANCE RISKS AND THE CLASSES OF RISKS THEREUNDER, 38-73-760, RELATING TO UNIFORM STATISTICAL PLANS FOR AUTOMOBILE INSURANCE PURPOSES, 38-73-770, RELATING TO THE REQUIREMENT THAT EVERY CLASSIFICATION PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE MUST BE SO STRUCTURED AS TO PRODUCE AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES WHICH ARE ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, 38-77-115, RELATING TO THE PROVISION THAT CERTAIN SIGNS ARE REQUIRED IN AN INSURANCE AGENT'S PLACE OF BUSINESS, 38-77-145, RELATING TO THE PROVISION THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE, 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY, 38-77-360, RELATING TO THE PROVISION THAT THERE BE NO INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, 38-77-600, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, 38-77-605, RELATING TO THE REQUIREMENT THAT THE FACILITY RECOUPMENT CHARGE BE DISPLAYED ON THE PREMIUM NOTICE OR BILL, 38-77-610, RELATING TO THE FILING OF RECOUPMENT CHARGES, 38-77-620, RELATING TO THE REQUIREMENT THAT THE FACILITY RECOUPMENT CHARGES APPROVED OR ESTABLISHED PURSUANT TO SECTION 38-77-610 MUST BE ADDED TO THE APPROVED BASE RATE AND OBJECTIVE STANDARDS RATE IN EFFECT FOR EACH AUTOMOBILE INSURER, 38-77-625, RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE, AND ARTICLE 9 OF CHAPTER 77, TITLE 38, RELATING TO THE STATE'S AUTOMOBILE INSURANCE LAWS AND UNLAWFUL ACTS.

Read the first time and ordered placed on the Calendar without reference.

S. 1143 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIAM M. THWEATT, JR., UPON HIS BEING NAMED "NORTH AUGUSTA CITIZEN OF THE YEAR" FOR 1995 BY THE NORTH AUGUSTA CHAMBER OF COMMERCE.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 1144 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BARBARA G. BURRISS OF NORTH AUGUSTA UPON HER DEATH.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 4595 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 20, 1996.

Be it resolved by the House of Representatives, the Senate concurring:

That the Chief Justice of the South Carolina Supreme Court, the Honorable Ernest A. Finney, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:30 p.m. on Tuesday, February 20, 1996.

Be it further resolved that a copy of this resolution be forwarded to Chief Justice Finney.

Referred to the Committee on Invitations.

H. 4604 -- Rep. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE REDCLIFFE ELEMENTARY SCHOOL OF THE AIKEN SCHOOL DISTRICT FOR BEING A REGIONAL WINNER OF THE EIGHTEENTH ANNUAL PALMETTO'S FINEST AWARD, A STATEWIDE AWARD SPONSORED BY THE ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS DIVISION OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND TO ENCOURAGE THIS FINE SCHOOL TO CONTINUE THIS PATH OF EXCELLENCE.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4605 -- Reps. Neilson, Baxley and J. Hines: A CONCURRENT RESOLUTION RECOGNIZING THE OUTSTANDING AND DEDICATED SERVICE OF BESSIE S. GILBERT OF HARTSVILLE AS AN EMPLOYEE OF THE DARLINGTON COUNTY WATER AND SEWER AUTHORITY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4606 -- Reps. Neilson, Baxley and J. Hines: A CONCURRENT RESOLUTION COMMENDING AND THANKING DOROTHY S. SCARBOROUGH OF LAMAR FOR HER EXEMPLARY AND DEVOTED SERVICE AS A MEMBER AND OFFICER OF THE DARLINGTON COUNTY WATER AND SEWER AUTHORITY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.

Read the first time and referred to the Committee on Judiciary.

H. 4360 -- Reps. Hallman, Keyserling, Cain, Bailey, Simrill, Kirsh and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING YEAR'S TAX DUE IN EACH CATEGORY OF TAX IMPOSED FOR THE CURRENT TAX YEAR AND TO PROVIDE EXCEPTIONS.

Read the first time and referred to the Committee on Finance.

REPORT OF STANDING COMMITTEE

On motion of Senator COURSON, with unanimous consent, the Committee on Invitations polled out H. 4595 favorable:

H. 4595 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 20, 1996.

H. 4595 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 20, 1996.

On motion of Senator Courson, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

CONCURRENCE

H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.

The House returned the Bill with amendments.

Senator BRYAN explained the House amendment.

On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

NONCONCURRENCE

S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.

The House returned the Bill with amendments.

On motion of Senator GREG SMITH, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THIRD READING BILLS

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.

S. 996 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.

S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

Senator McCONNELL explained the Bill.

SECOND READING BILLS

The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

S. 1127 -- Senators Cork and Washington: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

S. 1127--Ordered to a Third Reading

On motion of Senator CORK, S. 1127 was ordered to receive a third reading on Thursday, February 15, 1996.

S. 1116 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1853, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE SECOND TIME

S. 991 -- Senator Saleeby: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION OF "AUTHORIZED AGENCY", ADD THE SPECIFIC NAMES OF CERTAIN STATE AGENCIES, AND INCLUDE ALL OTHER STATE BOARDS, COMMISSIONS, AND AGENCIES IN THAT DEFINITION; AND TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION".

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.

The Banking and Insurance Committee proposed the following amendment (991R001.EES), which was adopted:

Amend the bill, as and if amended, page 2, line 5 by adding an appropriately numbered SECTION to read:

/SECTION __. Section 38-55-530(D) of the 1976 Code is amended to read:

"(D) 'False statement and misrepresentation' means a statement or representation made by a person that is false, material, made with the person's knowledge of the falsity of the statement, and made with the intent of obtaining or causing another to obtain or attempting to obtain or causing another to obtain an undeserved economic advantage or benefit or made with the intent to deny or cause another to deny any benefit or payment in connection with an insurance transaction and such shall constitute fraud."/

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

COMMITTED

S. 835 -- Senator Alexander: A BILL TO AMEND ACT 613 OF 1992, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO REDUCE FROM NINE TO FIVE THE NUMBER OF MEMBERS ON THE BOARD OF TRUSTEES, PROVIDE THAT AFTER SERVING THE COMPLETION OF THE CURRENT AT-LARGE TERMS THE DISTRICT IS GOVERNED BY TRUSTEES ELECTED ONLY FROM SINGLE-MEMBER DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND REQUIRE A FILING FEE FOR A CANDIDATE FOR TRUSTEE.

Senator ALEXANDER asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

On motion of Senator ALEXANDER, the Bill was committed to the Oconee County Delegation.

AMENDMENT PROPOSED, CARRIED OVER

H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OFLAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator GREGORY proposed the following amendment (GJK\22339SD.96):

Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:

/SECTION ____. Section 59-65-45 of the 1976 Code is amended to read:

"Section 59-65-45. In lieu of the requirements of Section 59-65-40, parents or guardians may teach their children at home if the instruction is conducted under the auspices of the South Carolina Association of Independent Home Schools or another home school association. Bona fide membership and continuing compliance with the academic standards of South Carolina Association of Independent Home Schoolsthe home school association exempts the home school from the further requirements of Section 59-65-40.

The State Department of Education shall conduct annually a review of the association standards to insure that requirements of the association, at a minimum, include:

(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;

(b) the instructional year is at least one hundred eighty days; and

(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature.

By January thirtieth of each year, the South Carolina Association of Independent Home Schoolsassociation shall report the number and grade level of children home schooled through the association to the children's respective school districts."/

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

On motion of Senator BRYAN, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

POINT OF ORDER

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.

Senator PEELER moved to commit the Bill to the Committee on Finance.

Parliamentary Inquiry

Senator PASSAILAIGUE made a Parliamentary Inquiry as to whether or not the motion to commit was debatable.

The PRESIDENT stated that the motion to commit was debatable.

Senator PASSAILAIGUE argued in favor of the motion to commit.

Point of Order

Senator SETZLER raised a Point of Order that the motion was out of order inasmuch as the Senate was in the Motion Period and the Bill was not under consideration.

The PRESIDENT sustained the Point of Order.

MOTION ADOPTED

On motion of Senator DRUMMOND, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.

CARRIED OVER

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator DRUMMOND, the Bill was carried over.

CONSIDERATION INTERRUPTED

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator PEELER moved to commit the Bill to the Committee on Finance.

Senator BRYAN argued contra to the motion to commit.

On motion of Senator DRUMMOND, with unanimous consent, consideration was interrupted by recess.

RECESS

At 12:25 P.M., the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Judicial Elections

At 12:30 P.M., the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

S. 1106 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON WEDNESDAY, FEBRUARY 14, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1996; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 7, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 8, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 9, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 11, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 12, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 13, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1996; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1996; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 5, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 5, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 1996.

Election to the Position of Associate Justice,
South Carolina Supreme Court

The PRESIDENT announced that nominations were in order to elect a successor to the South Carolina Supreme Court.

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable Jean Hoefer Toal and the Honorable Tom J. Ervin had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of Mr. Tom J. Ervin was withdrawn from consideration.

Senator McCONNELL placed the name of the Honorable Jean Hoefer Toal in nomination.

Senator McCONNELL moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jean Hoefer Toal was duly elected Associate Justice, South Carolina Supreme Court, for the term prescribed by law.

Election to the Court of Appeals, Seat No. 7

The PRESIDENT announced that nominations were in order to elect a successor to the Court of Appeals, Seat No. 7.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Mr. Ruben L. Gray and the Honorable H. Samuel Stilwell had been screened and found qualified.

On motion of Senator McCONNELL, the name of Mr. Ruben L. Gray was withdrawn from consideration.

Senator McCONNELL placed the name of the Honorable H. Samuel Stilwell in nomination.

Rep. Sharpe moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable H. Samuel Stilwell was duly elected to the Court of Appeals, Seat No. 7, for the term prescribed by law.

Election to the Court of Appeals, Seat No. 8

The PRESIDENT announced that nominations were in order to elect a successor to the Court of Appeals, Seat No. 8.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that Mr. Ruben L. Gray, the Honorable William L. Howard, and the Honorable Thomas E. Huff had been screened and found qualified.

On motion of Senator McCONNELL, the name of Mr. Ruben L. Gray was withdrawn from consideration.

Senator McCONNELL placed the names of the Honorable William L. Howard and the Honorable Thomas E. Huff in nomination.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

Total Number of Senators voting 44
Total Number of Representatives voting 117
Grand Total 161

Necessary to a choice 81

Of which Mr. Jenkins received 85

Of which Mr. Mann received 76

Whereupon, the PRESIDENT announced that the Honorable Robert N. Jenkins, Sr. was duly elected Judge, Family Court, Thirteenth Judicial Circuit, Seat #5 for the term prescribed by law.

Election to the Position of Judge, Family Court,
Fifteenth Judicial Circuit, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fifteenth Judicial Circuit, Seat #3.

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable H. T. Abbott, III had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable H.T. Abbott, III in nomination.

Senator McCONNELL moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable H.T. Abbott, III was duly elected to the position of Judge, Family Court, Fifteenth Judicial Circuit, Seat #3, for the term prescribed by law.

Election to the Position of Administrative Law Judge, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to the position of Administrative Law Judge, Seat #6.

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable Ralph King Anderson, III had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable Ralph King Anderson in nomination.

Senator McCONNELL moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ralph King Anderson, III was duly elected to the position of Administrative Law Judge, Seat #6, for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it duly and regularly adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 2:17 P.M., the Senate resumed.

MOTION ADOPTED

On motion of Senator LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Anne E. Kibler of Newberry, S.C.

ADJOURNMENT

At 2:20 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.